The European Union is contemplating support for member states wishing to block imports from illegal Israeli settlements, with discussions set to unfold next week.
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This initiative is one of several being explored following a review indicating that Israel may be in violation of the human rights obligations outlined in the EU-Israel Association Agreement, especially concerning its military actions in Gaza.
An options paper prepared by EU foreign policy chief Kaja Kallas suggests that member states might be allowed to prevent imports from these settlements “at their respective national level for public policy reasons.” As noted in the paper, “The decision to pursue national measures can clarify the permissibility of such actions.”
EU foreign ministers will discuss this options paper at the upcoming Foreign Affairs Council meeting in Brussels on Tuesday. Advocates for prohibiting trade with illegal Israeli settlements have long maintained that individual member states have the authority to do so under a “public policy” clause in EU trade law.
This options paper marks the first instance in which the EU has recognized such a measure in relation to Israel’s actions during the Gaza conflict, making it a significant point for the Irish Government in relation to the Occupied Territories Bill, which aims to ban trade with these settlements.
The paper indicates that member states could jointly acknowledge countries that have taken national action against imports from the settlements, operating under a clause of the EU’s general imports regulations. Notably, this acknowledgment does not necessitate unanimous approval from all member states.
While the Irish Government asserts that it does not require formal endorsement for its actions, the inclusion of this proposal in EU discussions lends credence to its stance.
‘A Really Significant Shift’
Conor O’Neill, head of policy at Christian Aid and spokesperson for the Campaign to Pass the Occupied Territories Bill, remarked, “This is a really significant shift. For years, the EU maintained that trade was strictly an EU competence, thus a national-level ban was deemed impossible. Now, for the first time, the EU has acknowledged that individual member states may restrict trade with Israel’s illegal settlements under the ‘public policy’ derogation, exactly as we have argued for seven years.”
Tánaiste Simon Harris has encouraged other like-minded member states to consider their own legislation regarding the import of goods from these settlements, with Ireland currently being the only EU nation pursuing such a ban.
The options paper also outlines additional measures that might be considered outside the scope of the association agreement governing EU-Israel relations.
A Range of Options
For the first time, it details several possible actions within the agreement, including the full or partial suspension of the pact, as well as the suspension or termination of Israel’s participation in EU programs. Foreign ministers could also contemplate pausing or curtailing cooperation with Israel or delaying new initiatives or partnerships.
However, most of these more drastic measures would require either unanimous consent or a majority vote from the 27 member states, making widespread support unlikely.
The European Union External Action Service recently conducted a review, revealing “indications that Israel would be in breach of its human rights obligations under Article 2 of the EU-Israel Association Agreement,” referencing assessments from independent international bodies.
In response, Israel dismissed these findings, labeling them as examples of the “double standards” the EU applies against it. Israel has consistently contended that its actions in Gaza are both lawful and essential for dismantling Hamas organizations following the attacks on October 7.
In this intricately woven narrative, the implications of these discussions become more than just policy—they reflect a broader commitment to uphold human rights and international standards.
Edited By Ali Musa
Axadle Times International – Monitoring
